WEBSITE TERMS AND CONDITIONS OF USE
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU ACCESS OR USE THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS OUR WEBSITE.
1. Your Agreement
Please read these Terms carefully; they impose legal obligations on you and on JD, and establish our legal relationship. By using our services or accessing our Website, you are acknowledging that you have read and understood these Terms and agree to be legally bound by them.
2. Grant of Rights
Provided you comply with these Terms, we grant you the right to access all areas of the Website for purposes of (i) learning from the information we provide; (ii) learning more about our services; (iii) registering for webinars, presentations and other events; and (iv) purchasing programs we offer (collectively “Permitted Purposes”). Apart from these express rights to use our Website, you may not use, copy, modify, distribute (other than sharing our blog posts via social media), or access our Website, or any materials we have made available on the Website.
3. JD Ownership; Reservation of Rights; Submissions
All information, software, artwork, text, video, audio, pictures, logos, and other content on the Website, including all associated intellectual property rights, are the property of JD and its licensors, and are protected by copyright and other intellectual property laws, or are included based on principles of “fair use.” JD retains all rights with respect to the Website except for those expressly granted to you in Section 2 (Grant of Rights) above. “Submissions” means all comments, feedback, suggestions, photos, e-mail and similar information or materials that you submit to JD. Submissions will not be confidential and will become the property of JD upon submission to JD.
4. Links to Third-Party Sites
The Website may contain links or produce search results that reference links to third-party websites, or provide products for sale from third party websites (collectively “Linked Sites”). JD has no control over these Linked Sites or their content and does not assume responsibility or liability for any content, operations, opinions, or materials available on Linked Sites. JD does not review or monitor such links. A link from this Website to another website (or a link from another website to this Website) does not constitute a referral, endorsement, approval, advertising, offer or solicitation with respect to such website, its contents or any products or services advertised or distributed through that website. While this Website may contain “links” to other sites, we are not responsible for the content or the privacy practices employed by other Linked Sites. JD does not endorse the content of any Linked Site, nor does JD warrant that any Linked Site will be free of computer viruses or other harmful code that can impact your computer or other Web-access device. By using the Website to search for or link to another site, you agree and understand that such use is at your own risk.
5. Code of Conduct
As a condition to your use of the Website, you agree to follow our Code of Conduct set out below. Under this Code, you will not:
• Use the Website in a manner that could disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website.
• Seek to obtain access to any materials or information through “hacking” or through any other means that we have not intentionally made available to you through the Website.
• Submit material that is intentionally false, defamatory, unlawfully threatening, illegal, or unlawfully harassing.
• Transmit materials through the Website that contain viruses, Trojan horses, worms, time bombs, cancelbots, or other computer-programing routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.
• Infringe our or any third party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy. Electronic materials – such as music, videos, games, images, and text in electronic form – can easily be copied, modified and sent over networks (such as the Internet). These electronic materials are thus extremely vulnerable to unauthorized distribution and copyright infringement. These materials may not be transmitted over the Website without the copyright owner’s permission, or without a legitimate “fair use” justification for the transmittal.
• Post any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
6. Limitations on Users’ Privileges
6.1 Revocation or Suspension of Users’ Privileges. We reserve the right at any time to terminate or suspend your access to some or all of the Website if you engage in activities that we conclude, in our discretion, breach our Code of Conduct or otherwise violates these Terms.
JD does not promise that the Website will be error-free or uninterrupted, or that the Website will provide specific results from your use of any content, search, or link on the Website. JD DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES (INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT) WITH RESPECT TO THE FUNCTIONALITY OR AVAILABILITY OF THE WEBSITE, ANY CONTENT ON THE WEBSITE, AND ANY PRODUCT PURCHASED.
8. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL JD BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS OR LOST SAVINGS) THAT ARISE OUT OF OR ARE RELATED TO (i) YOUR USE OF THIS WEBSITE OR THE CONTENT FOUND HEREIN, (ii) YOUR USE OF ANY FREE OR PAID TRAINING AVAILABLE THROUGH THIS WEBSITE, OR (iii) THE PURCHASE OF ANY PRODUCTS THROUGH THIS WEBSITE OR THE PERFORMANCE OR NONPERFORMANCE BY ANY THIRD PARTY. JD ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, SOFTWARE, DATA, TEXT, IMAGES, VIDEO, AUDIO OR OTHER MATERIAL FROM THIS WEBSITE.
You agree to defend, indemnify, and hold JD and its subsidiaries, affiliates, members, officers, directors, agents, and employees harmless from any liability, including but not limited to reasonable attorneys’ fees, arising from or related to your breach of these Terms.
10. Modification to these Terms
These Terms shall be governed in all respects by the laws of the State of Texas without giving effect to its conflicts of law provisions. By using the Website, you submit to the personal jurisdiction of and venue in the state and federal courts in the State of Texas. The parties further agree that any cause of action arising under these Terms shall exclusively be brought in such courts. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and no way define, limit, construe, or describe the scope or extent of such section. JD’s failure to act with respect to a breach by you or others does not waive JD’s right to act with respect to subsequent or similar breaches. This agreement and the terms and conditions contained herein set forth the entire understanding and agreement between JD and you with respect to the subject matter hereof and supersede prior or contemporaneous understanding, whether written or oral.
The following provisions shall survive termination of your access to the Website and shall apply indefinitely:
Section 3 (JD Ownership; Reservation of Rights)
Section 7 (Disclaimers)
Section 9 (Limited Liability)
Section 11 (Indemnity)
Section 11 (General)
Section 12 (Survival)
Last revised: August 26, 2017
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